The opinion of the court was delivered by: Judge: Hon. Victor B. Kenton
Courtroom: 16 Complaint Filed: January 9, 2012 Trial Date: January 29, 2013
STIPULATED PROTECTIVE ORDER CHANGES HAVE BEEN MADE TO THIS DOCUMENT
Pursuant to Federal Rule of Civil Procedure 26(c) and upon stipulation and agreement by and between the respective counsel for the Parties, which include Sprint Nextel Corporation, Boost Worldwide, Inc., and Virgin Mobile USA, L.P. (collectively, "Sprint" or "Plaintiffs") and Defendants EZCOM, Inc. d/b/a Tricom Communications, and Michael Li Wu (together, "Defendants"), and for good cause shown,
IT IS HEREBY ORDERED that this Stipulated Protective Order shall control the disclosure, dissemination, and use of confidential information in the Lawsuit:
1. Scope of Order. This Order shall govern the production, use, and disclosure of all information and materials produced by the Parties in response to any discovery request in this action (including but not limited to documents, interrogatory answers, responses to requests to admit and deposition transcripts and exhibits), all information contained in those materials, and all copies, excerpts, or summaries of those materials (collectively, "Discovery Material").
2. Designation of Confidential Discovery Material. A Party may, in good faith, designate as "CONFIDENTIAL" and therefore subject to the protections and requirements of this Order, Discovery Material that consists of or includes non-public information that would reasonably be subject to protection under applicable statute, rule or precedent, including:
a. Information and materials that a Party reasonably believes contain or refer to information that is not generally available to or accessible by the general public, that a Party believes contain or refer to confidential information of third parties, information protected by a statute, rule or regulation, trade secrets or other confidential business information, including but not limited to research, development, business, or financial information, or other confidential and/or proprietary analyses, company guidelines, policies and procedures, market analyses, business valuations, audit reports, commercial information, sales information, customer proprietary network information, customer lists and non-public agreements with third parties;
b. all documents created in response to or as a part of governmental inquiries;
c. all training policies, procedures, or documents related to security practices;
d. Discovery Material reflecting or relating to financial data, including but not limited to documents concerning revenues, costs, and profits; and
e. Discovery Material that, if disclosed to a business competitor, would tend to damage the Party's competitive position.
3. Method of Designating Material as CONFIDENTIAL.
a. Designation of confidential Discovery Material shall be made by stamping the legend "CONFIDENTIAL" on the document. Multi-paged Discovery Material that is bound together need only be so designated on the first page. If the Discovery Material cannot be so labeled, it will be designated CONFIDENTIAL in some other conspicuous manner. Any confidential designation that is inadvertently omitted during document production may be corrected by written notice to counsel of the Party receiving the document.
b. If originals or other non-bates stamped Discovery Material are made available to a Party for inspection, the entirety of such material shall be treated as CONFIDENTIAL pursuant to this Order until such time as it is copied and the CONFIDENTIAL legend can be affixed to the copies of any confidential Discovery Material. The Party producing such Discovery Material shall designate as CONFIDENTIAL any confidential Discovery Material selected for copying by the receiving Party by stamping or requesting the stamping of the legend "CONFIDENTIAL" on the copies of such Discovery Material. All original or other non-bates stamped Discovery Material and information contained therein that is reviewed, but not selected for copying, by the receiving Party shall be treated as CONFIDENTIAL pursuant to this Order.
c. Information conveyed or discussed in deposition testimony or a court proceeding may be designated CONFIDENTIAL by an indication on the record at the deposition or court proceeding, or by written notice of the specific pages and lines of testimony that are CONFIDENTIAL within twenty-one (21) days after receipt of the transcript of the deposition or court proceeding. Each Party shall attach a copy of any such written notice to all copies of the transcript within its possession, custody, or control. While the twenty-one (21) day period is pending, the Parties will treat the transcript and the information contained therein as CONFIDENTIAL in accordance with this Order.
4. Material Designated FOR ATTORNEYS' EYES ONLY. A Party may designate Discovery Material that it deems highly confidential as being FOR ATTORNEYS' EYES ONLY, following the same procedure set forth in section 3 above. Designation of for attorneys' eyes only Discovery Material shall be made by stamping or writing the legend "FOR ATTORNEYS' EYES ONLY" on the document. Such designation on the first page of bound documents is sufficient to render all documents in the packet FOR ATTORNEYS EYES ONLY. Only the Parties' attorneys may review materials designated FOR ...